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LEB 320F Final Exam with 100% correct Answers
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LEB 320F Final Exam with 100% correct Answers
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LEB 320F Final Exam with 100% correct AnswersIn the featured case Kelo v. City of New London, a town in Connecticut took action in a distressed area with high unemployment. It sought to use eminent domain to acquire land from several landowners who did not wish to sell their land. The primary Constitutional issue in the case was... A. Equal Protection
B. Procedural Due Process
C. Free Speech
D. The Takings Clause
E. The Commerce Clause - Answer -D. The Takings Clause
Alan buys a new laptop at Best Buy for $600. Betty buys an acre of land for $6,000. Carol signs up for a year of cable TV service, and pre-pays $600. Which of these agreements will be governed by Article Two of the Uniform Commercial Code?
A. Alan's only
B. Betty's only
C. Carol's only
D. A and B - Answer -A. Alan's only
Fred took a photograph of a bright light in the sky in 2005. Five years later, in 2010, it generated significant interest when it was included in a television special about UFOs and alien visitors hosted by the guy who played Commander Riker on Star Trek. In 2012, Fred passed away. When will the copyright on Fred's photo expire? A. 2075
B. 2080
C. 2082 - Answer -C. 2082
Bill files a Federal lawsuit based on his 1st Amendment right to free speech in a district court. When he loses the case, he appeals to a U.S. Court of Appeals, and he is again unsuccessful. He now wants the U.S. Supreme Court to review his case. Will he be able
to do so?
A. Yes, absolutely, because his case is based on a Constitutional liberty.
B. Yes, but only if the Supreme Court grants a writ of certiorari.
C. Yes, but only if he is seeking at least $75,000 in damages. D. No, absolutely not. - Answer -B. Yes, but only if the Supreme Court grants a writ of certiorari.
Walter, a Texan, makes a sale of goods contract with Wilhelm, a citizen of Germany. Walter is the seller, and Wilhelm is the buyer. The contract does not say anything in particular about which body of contract law will be applied to resolve any future disputes
over the deal. Which of the following bodies of law governs the contract?
A. Texas common law
B. German law
C. The CISG
D. Article 2 of the Uniform Commercial Code - Answer -C. The CISG
Rex wrecks his car in a collision with Collison. Much later, in a negligence lawsuit, the jury determines that the accident was 67% Rex's fault and 33% Collison's fault. Rex will be able to recover some damages if he lives in a state that follows...
A. contributory negligence
B. "modified" comparative negligence
C. "pure" comparative negligence
D. none of the above - Answer -C. "pure" comparative negligence
Roger has created an energy drink that he hopes will become popular, and he wants to protect his intellectual property. Specifically, he wants to protect the drink's "secret formula", or recipe, and he also wants to protect his logo, which is a cartoonish drawing of a stick man with steam blowing out of his ears. Which of these things will Roger probably be able to trademark? A. The secret formula only
B. The logo only
C. Both A and B
D. None of the above - Answer -B. The logo only
In the featured case Leonard v. PepsiCo, recall that Leonard saw a television ad in which a student landed a Harrier Jet at his high school, and a subtitle indicated that the cost of the jet was "7 million Pepsi Points". The plaintiff then sought to acquire 7 million Pepsi Points and to require Pepsi to hand over the plane. The appellate court decided that... A. Pepsi had not made an offer, and no contract existed.
B. Leonard had not accepted the offer, and no contract existed.
C. There was no consideration to support deal, so no contract existed.
D. A contract existed, and Pepsi was obligated to acquire a Harrier Jet for Leonard.
E. A contract existed, and Leonard was entitled to damages but not a Harrier Jet. - Answer -A. Pepsi had not made an offer, and no contract existed.
Ann Agent works for Pete Principal. Pete tells her, "Drive the company truck up to Dallas, pick up a shipment of widgets from Alpha Co, and bring them back to Austin." As
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